6
More than 3,100 patents relating to over 1,200 inventions on Fan-Out packaging have been published worldwide through September 2016, coming from 100+ patent applicants. A first wave of patent applications occurred from 1999-2006, induced by Infineon. Patent applications have increased since then, with Freescale (NXP), STATS ChipPAC (JCET), SPIL, Amkor, and TSMC entering the Fan-Out IP arena. Today the number of enforceable patents is increasing worldwide, with several companies already standing out by virtue of their strong IP position. All of major players involved has filed patents on Fan-Out packaging, except for Nanium, which does not file any patents at all but instead has adopted a different IP strategy that we discuss in this report. Another special case is the presence of patent licensing companies like Polaris Innovations (WiLAN), which in 2015 acquired key patents from Infineon/Qimonda. The visibility of such companies in the patent landscape is a tangible sign of the market explodes. In the next few years Polaris Innovations could assert its patents to make money, and in this report we present its most critical patents. We have also noted Samsung’s conspicuous presence PATENT LANDSCAPE ANALYSIS Fan-Out Wafer Level Packaging Patent Landscape Analysis – November 2016 With Apple and TSMC changing the game, 2016 is a turning point for the Fan-Out market. The number of enforceable patents is increasing worldwide, with several companies already standing out by virtue of their strong IP position. REPORT OUTLINE Fan-Out Wafer Level Packaging Patent Landscape Analysis November 2016 PDF (200+ pages) Excel file (3,100+ patents) €5,990 (Multi-user license) KEY FEATURES OF THE REPORT IP trends, including time evolutions and countries of patent filings Patents’ current legal status Ranking of main patent applicants IP collaboration, joint development, and licensing agreements Key players’ IP position, and relative strength of their patent portfolios Patent segmentation by technology solution (chip-first, chip-last, face- down, face-up), process steps (die placement, molding, planarization, RDL), architecture (multi-chip, PoP, SiP, face-to-face package), and technical challenge (warpage, die shift) Matrix showing patent applicants and their patented technologies Technical solutions found in patents for warpage and die-shift issues. FOWLP IP profiles for 18 key companies, including countries of filing, patents’ legal status, patented technologies, prior art strength index, IP blocking potential, partnerships, and IP strategy Excel database with all patents (3,100+) analyzed in this report, including technology segmentation RELATED REPORTS Fan-out: Technology & Market Trends 2016, Yole Développement, August 2016 TSMC Integrated Fan-Out (inFO) Package in Apple’s A10 Application Processor, System Plus Consulting, October 2016 Samsung’s Galaxy S7 Processor Packages: Qualcomm/Shinko’s MCeP vs. Samsung’s PoP, System Plus Consulting, June 2016 FAN-OUT IP LANDSCAPE IS THE MOST DYNAMIC IN ADVANCED PACKAGING With Apple and its A10 processor employing TSMC’s InFO-PoP technology, the fan-out market has exploded. Apple’s involvement will undoubtedly generate increased interest in the fan- out platform, and market revenue is forecast to reach around US$2.5B in 2021, with 80% growth between 2015 - 2017 (See Yole Développement’s August 2016 report, Fan-out: Technology & Market Trends 2016). Moreover, following the high-volume adoption of InFO and the further development of fan-out wafer level packaging technologies, a wave of new players may enter the market. The supply chain is also expected to evolve, with a considerable amount of investment in Fan-Out packaging capabilities. In such a fast-growing Fan-Out market, it is essential to deeply understand the global patent landscape in order to anticipate changes, harvest business opportunities, mitigate risks, and make strategic decisions in order to strengthen one’s market position and maximize return on one’s IP portfolio. Knowmade has thoroughly investigated the Fan-Out packaging patent landscape (chip-first, chip-last, face-down, face-up, single-die, multi-chip module, package-on-package, system-in- package, etc.), and this report contains detailed patent analyses including countries of filing, patents’ legal status, and patented technologies, as well as patent owners, their IP position, and IP strategies. Knowmade © 2016 Patent activity in the field of fan-out wafer level packaging

Fan-Out Wafer Level Packaging - Patent and technology ......out platform, and market revenue is forecast to reach around US$2.5B in 2021, with 80% growth between 2015 - 2017 (See Yole

  • Upload
    others

  • View
    2

  • Download
    0

Embed Size (px)

Citation preview

More than 3,100 patents relating to over 1,200 inventions on Fan-Out packaging have been published worldwide through September 2016, coming from 100+ patent applicants. A first wave of patent applications occurred from 1999-2006, induced by Infineon. Patent applications have increased since then, with Freescale (NXP), STATS ChipPAC (JCET), SPIL, Amkor, and TSMC entering the Fan-Out IP arena. Today the number of enforceable patents is increasing worldwide, with several companies already standing out by virtue of their strong IP position. All of major players involved has filed patents on Fan-Out packaging, except for Nanium, which does not file any patents at all but instead has adopted a different IP strategy that we discuss in this report. Another special case is the presence of patent licensing companies like Polaris Innovations (WiLAN), which in 2015 acquired key patents from Infineon/Qimonda. The visibility of such companies in the patent landscape is a tangible sign of the market explodes. In the next few years Polaris Innovations could assert its patents to make money, and in this report we present its most critical patents. We have also noted Samsung’s conspicuous presence

PATENT LANDSCAPE ANALYSIS

Fan-Out Wafer Level Packaging Patent Landscape Analysis – November 2016

With Apple and TSMC changing the game, 2016 is a turning point for the Fan-Out market. The number of enforceable patents is increasing worldwide, with several companies already standing out by virtue of their strong IP position.

REPORT OUTLINE • Fan-Out Wafer Level Packaging

Patent Landscape Analysis • November 2016 • PDF (200+ pages) • Excel file (3,100+ patents) • €5,990 (Multi-user license) KEY FEATURES OF THE REPORT • IP trends, including time evolutions

and countries of patent filings • Patents’ current legal status • Ranking of main patent applicants • IP collaboration, joint development,

and licensing agreements • Key players’ IP position, and

relative strength of their patent portfolios

• Patent segmentation by technology solution (chip-first, chip-last, face-down, face-up), process steps (die placement, molding, planarization, RDL), architecture (multi-chip, PoP, SiP, face-to-face package), and technical challenge (warpage, die shift)

• Matrix showing patent applicants and their patented technologies

• Technical solutions found in patents for warpage and die-shift issues.

• FOWLP IP profiles for 18 key companies, including countries of filing, patents’ legal status, patented technologies, prior art strength index, IP blocking potential, partnerships, and IP strategy

• Excel database with all patents (3,100+) analyzed in this report, including technology segmentation

RELATED REPORTS • Fan-out: Technology & Market

Trends 2016, Yole Développement, August 2016

• TSMC Integrated Fan-Out (inFO) Package in Apple’s A10 Application Processor, System Plus Consulting, October 2016

• Samsung’s Galaxy S7 Processor Packages: Qualcomm/Shinko’s MCeP vs. Samsung’s PoP, System Plus Consulting, June 2016

FAN-OUT IP LANDSCAPE IS THE MOST DYNAMIC IN ADVANCED PACKAGING

With Apple and its A10 processor employing TSMC’s InFO-PoP technology, the fan-out market has exploded. Apple’s involvement will undoubtedly generate increased interest in the fan-out platform, and market revenue is forecast to reach around US$2.5B in 2021, with 80% growth between 2015 - 2017 (See Yole Développement’s August 2016 report, Fan-out: Technology & Market Trends 2016). Moreover, following the high-volume adoption of InFO and the further development of fan-out wafer level packaging technologies, a wave of new players may enter the market. The supply chain is also expected to evolve, with a considerable amount of investment in Fan-Out packaging capabilities. In such a fast-growing Fan-Out market, it is essential to deeply understand the global patent landscape in order to anticipate changes, harvest business opportunities, mitigate risks, and make strategic decisions in order to strengthen one’s market position and maximize return on one’s IP portfolio. Knowmade has thoroughly investigated the Fan-Out packaging patent landscape (chip-first, chip-last, face-down, face-up, single-die, multi-chip module, package-on-package, system-in-package, etc.), and this report contains detailed patent analyses including countries of filing, patents’ legal status, and patented technologies, as well as patent owners, their IP position, and IP strategies.

Knowmade © 2016

Patent activity in the field of fan-out wafer level packaging

The 1,200+ inventions selected for this study are categorized by technology solution (chip-first/face-down, chip-first/face-up, chip-last), process steps (die placement, molding, planarization, RDL), architecture (multi-chip module, PoP, SiP, face-to-face package, etc.) and technical challenges (warpage, die shift). In this report we also reveal the IP strategy and technical choices of the main patent assignees. A special focus is placed on technical solutions found in patents for solving warpage and die shift issues. This report also provides an IP profile for 18 key players: Infineon, NXP/Freescale, STATS ChipPAC, TSMC, ASE, Deca Technologies, Nepes, Nanium, SPIL, Amkor, Powertech Technology, Intel, STMicroelectronics, Samsung, NCAP, WiLAN, 3D PLUS, and Apple. Each company’s IP profile includes the time evolution of their patent applications, a world map of granted patents and pending patent applications, and key features and strength of their patent portfolio.

KNOW THE KEY PLAYERS’ IP POSITION

PATENTED TECHNOLOGY AND IP STRATEGY

USEFUL PATENT DATABASE (3,100+ patents)

This report also includes an Excel database containing the 3,100+ patents analyzed in our study. This useful patent database allows for multi-criteria searches and includes patent publication number, hyperlinks to the original documents, priority date, title, abstract, patent assignees, technological segments, and legal status for each patent family member.

IP blocking potential of main patent assignees involved in fan-out wafer level packaging

Knowmade © 2016

Fan-Out Wafer Level Packaging: Patent Landscape Analysis - November 2016

IP presence in the FOWLP patent landscape, despite the company’s unclear market position. R&D labs are also present (i.e. Fraunhofer, A*STAR, CEA), but to a lesser extent. Most new entrants in the FOWLP patent landscape are Chinese players (HuaTian Technology, NCAP, SMIC), and more recently we have observed Apple’s appearance. Apple, which this year chose TSMC’s InFO-PoP technology for its A10 APE, has recently filed some patents on Fan-Out wafer level packaging (chip-last, chip-first, PoP, and SiP), reflecting a genuine interest in the FOWLP platform.

This report analyzes in detail the IP status and IP strategies of key players and provides an understanding of their patented technologies. This report also provides a ranking and analysis of the top patent holders’ relative strength, derived from their portfolio size, patent citation networks, countries of patent filing, and patents’ current legal status. Furthermore, we reveal the IP strength of the key IP players involved in FOWLP technologies, and we depict their competitive IP position. JCET/STATS ChipPAC and TSMC lead the FOWLP patent landscape. From a quantitative point of view, TSMC is the most prolific patent applicant of the last few years, but according to our analyses, JCET/STATS ChipPAC has by far the strongest IP position. The company has formidable

Patented technologies of main patent assignees involved in fan-out wafer level packaging

Knowmade © 2016

formidable “IP blocking potential” that empowers it to deter other players to patent inventions that are similar to its own IP portfolio. TSMC is the most serious IP challenger, and it may reshape the patent landscape in the near future upon the approval of its numerous pending patent applications. Both companies feature a large enforceable patent portfolio and a long remaining lifetime of their patents.

TABLE OF CONTENT

Dr Nicolas Baron is CEO and co-founder of Knowmade. He leads the Physics Department. He holds a PhD in Physics from the University of Nice Sophia-Antipolis, and a Master of Intellectual Property Strategies and Innovation from the European Institute for Enterprise and Intellectual Property (IEEPI Strasbourg), France. [email protected]

AUTHOR

COMPANIES MENTIONED IN THE REPORT 3D Plus, A*STAR, ACE Technology, ADL Engineering, Altera, Amkor, Apple, ASE, Avago Technologies, Bridge Semiconductor, Bridgelux, Broadcom, Camtek, CEA, Cheng Ming, ChipMOS, Cirrus Logic, Conexant Systems, Cypress Semiconductor, Dainippon Screen Manufacturing, Deca Technologies, EPIC Technologies, EV Group, Flipchip International, Fraunhofer, Fujitsu, GE Embedded Electronics, General Electric, Gerad Technologies, GlobalFoundries, Hana Micron, Hitachi Chemical, HuaTian Technology, Infineon, Intel, ITRI (Industrial Technology Research Institute), JCAP, JCET/STATS ChipPAC, J-Devices, Jiangsu University of Science & Technology, LSI Logic, Macrotech Technology, Maxim Integrated Products, MediaTek, Medtronic, Micron Technology, Murata Electronics, NCAP, Nepes, Niko Semiconductor, Nippon Electric Glass, Nitto Denko, North Star Innovations (WiLAN), NXP/Freescale, Nytell Software, Oerlikon, PacTech Packaging Technologies, Philips, Polaris Innovations (WiLAN), Powertech Technology, Princo Middle East FZE, Qimonda, Qualcomm, Renesas Electronics, Samsung Electronics, Samsung Electro Mechanics, Semiconductor Components Industries, Seoul National University (SNU), Sharp, Shinko Electric Industries, SK Hynix, SMIC, Sony, Sound Technology, SPIL, STMicroelectronics, Technische Universitat Berlin, Tera Probe, Tessera, Texas Instruments, Toray Advanced Mat Korea, Toshiba, TSMC, Ultratech, Unimicron Technology, United Microelectronics, United Test & Assembly Center, X-Celeprint, Xenogenic Development (Intellectual Ventures), Xilinx, Xintec, Zhongxin Changdian Semiconductor …

INTRODUCTION 5 - Definitions - Scope of the report - Key features of the report - Objectives of the reports - Methodology

MARKET TRENDS 21 NOTEWORTHY NEWS 24 EXECUTIVE SUMMARY 27 PATENT LANDSCAPE OVERVIEW 42

- Time evolution of patent applications - Major offices of patent applications - Time evolution of patent applications by country - Main patent assignees - Industry supply-chain - Technology history - Time evolution of main patent assignees - Acceleration of main patent assignees - Countries of priority patents for patent assignees - Countries of patent filings for patent assignees - Legal status of patents for main patent assignees - Remaining lifetime of granted patents - Geographic map of granted patents and pending patent applications - Countries of granted patents and pending patent Applications for main patent assignees - IP collaboration network - Main patent transactions - Licensing agreements - IP competitors dependency by patent citations - Most cited patents - Granted patents near expiration date

IP POSITION OF MAIN PATENT ASSIGNEES 71 - IP specialization degree - Prior art strength index - IP leadership - IP blocking potential - IP enforcement potential - The best IP positions - Summary of patent portfolios - Comparison of patent portfolios of the main IDMs, Foundries and OSATs

PATENT LITIGATIONS 83 PATENT SEGMENTATION 85

For each segment: number of patents, time evolution of patent publications and main patent assignees, Matrix of patent assignees vs. technical segments, Matrix of technology vs. process steps & technical challenges/architecture, Matrix of main patent applicants vs. technical segments

TECHNICAL CHALLENGES 94 - Solutions found in patents to solve warpage and die shift issues

IP PROFILE OF KEY PLAYERS 132 Infineon, NXP/Freescale, STATS ChipPAC, TSMC, ASE, Deca Technologies, Nepes, Nanium, SPIL, Amkor, Powertech Technology, Intel, STMicroelectronics, Samsung, NCAP, WiLAN, 3D PLUS, Apple. Each IP profile includes: time evolution of patent applications, world map of granted patents and pending patent applications, key features and strength of patent portfolio.

CONCLUSION 218

Fan-Out Wafer Level Packaging: Patent Landscape Analysis - November 2016

Knowmade is a Technology Intelligence and IP Strategy consulting company specialized in analysis of patents and scientific information. The company supports R&D organizations, industrial companies and investors in their business development by helping them to understand their IP environment and follow technology trends. Knowmade is involved in Microelectronics & Optoelectronics, Compound Semiconductors, IC Manufacturing & Advanced Packaging, Power & RF Devices, MEMS & Sensors, Photonics, Micro & Nanotechnology, Biotech/Pharma, MedTech and Agri-Food. Knowmade provides Prior art search, Patent Landscape Analysis, Patent Valuation, Freedom-to-Operate Analysis, Litigation/Licensing support, Scientific Literature Landscape, Technology Scouting and Technology Tracking. Knowmade combines information search services, technology expertise, powerful analytics tools and proprietary methodologies for analyzing patents and scientific information. Knowmade’s analysts have an in-depth knowledge of scientific & patent databases and Intellectual Property. We Know Technology, We Know Patents

ABOUT KNOWMADE

PAYMENT METHODS Order online: Click here Check To pay your invoice using a check, please mail your check to the following address:

KnowMade S.A.R.L. 2405 route des Dolines, BP 65 06902 Valbonne Sophia Antipolis FRANCE

Money Transfer To pay your invoice using a bank money wire transfer please contact your bank to complete this process. Here is the information that you will need to submit the payment:

Payee: KnowMade S.A.R.L. Bank: Banque populaire St Laurent du Var CAP 3000 - Quartier du lac- 06700 St Laurent du Var IBAN: FR76 1560 7000 6360 6214 5695 126 BIC/SWIFT: CCBPFRPPNCE

Paypal In order to pay your invoice via PAYPAL, you must first register at www.paypal.com. Then you can send money to the KnowMade S.A.R.L. by entering our E-mail address [email protected] as the recipient and entering the invoice amount. RETURN ORDER BY E-mail: [email protected] Mail: KnowMade S.A.R.L. 2405 route des Dolines, BP 65 06902 Sophia Antipolis FRANCE

SHIP TO Name (Mr/Ms/Dr/Pr): ______________________________________ Job Title: ______________________________________ Company: ______________________________________ Address: ______________________________________ City: ______________________________________ State: ______________________________________ Postcode/Zip: ______________________________________ Country: ______________________________________ VAT ID Number for EU members: ______________________________________ Tel: ______________________________________ Email: ______________________________________ Date: ______________________________________

ORDER FORM

Fan-Out Wafer Level Packaging Patent Landscape Analysis – November 2016

PRODUCT ORDER €4,990 – Single user license* €5,990 – Corporate license For price in dollars, please use the day’s exchange rate. For French customer, add 20% for VAT.

All reports are delivered electronically in pdf format at payment reception. *Single user license means only one person at the company can

use the report. Please be aware that our publication will be watermarked on each page with the name of the recipient and of the organization (the name mentioned on the PO). This watermark will also mention that the report sharing is not allowed.

I hereby accept Knowmade’s Terms and Conditions of Sale Signature:

Definitions “Acceptance”: Action by which the Buyer accepts the terms and conditions of sale in their entirety. It is done by signing the purchase order which mentions “I hereby accept Knowmade’s Terms and Conditions of Sale”. “Buyer”: Any business user (i.e. any person acting in the course of its business activities, for its business needs) entering into the following general conditions to the exclusion of consumers acting in their personal interests. “Contracting Parties” or “Parties”: The Seller on the one hand and the Buyer on the other hand. “Intellectual Property Rights” (“IPR”) means any rights held by the Seller in its Products, including any patents, trademarks, registered models, designs, copyrights, inventions, commercial secrets and know-how, technical information, company or trading names and any other intellectual property rights or similar in any part of the world, notwithstanding the fact that they have been registered or not and including any pending registration of one of the above mentioned rights. “License”: For the reports and databases, 2 different licenses are proposed. The buyer has to choose one license: 1. Single user license: a single individual at the company can use the report. 2. Corporate license: the report can be used by unlimited users within the company. Subsidiaries are not included. “Products”: Reports are established in PowerPoint and delivered on a PDF format and the database may include Excel files. “Seller”: Based in Sophia Antipolis (France headquarters), Knowmade is a technology intelligence company specialized in the research and analysis of scientific and technical information. We provide patent landscapes and scientific state of the art with high added value to businesses and research laboratories. Our intelligence digests play a key role to define your innovation and development strategy. 1. Scope 1.1 The Contracting Parties undertake to observe the following general conditions when agreed by the Buyer and the Seller. ANY ADDITIONAL, DIFFERENT, OR CONFLICTING TERMS AND CONDITIONS IN ANY OTHER DOCUMENTS ISSUED BY THE BUYER AT ANY TIME ARE HEREBY OBJECTED TO BY THE SELLER, SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE HEREUNDER AND SHALL NOT BE BINDING IN ANY WAY ON THE SELLER. 1.2 This agreement becomes valid and enforceable between the Contracting Parties after clear and non-equivocal consent by any duly authorized person representing the Buyer. For these purposes, the Buyer accepts these conditions of sales when signing the purchase order which mentions “I hereby accept Knowmade’s Terms and Conditions of Sale”. This results in acceptance by the Buyer. 1.3 Orders are deemed to be accepted only upon written acceptance and confirmation by the Seller, within [7 days] from the date of order, to be sent either by email or to the Buyer’s address. In the absence of any confirmation in writing, orders shall be deemed to have been accepted. 2. Mailing of the Products 2.1 Products are sent by email to the Buyer: - within [1] month from the order for Products already released; or - within a reasonable time for Products ordered prior to their effective release. In this case, the Seller shall use its best endeavours to inform the Buyer of an indicative release date and the evolution of the work in progress. 2.2 Some weeks prior to the release date the Seller can propose a pre-release discount to the Buyer. The Seller shall by no means be responsible for any delay in respect of article 2.2 above, and including in cases where a new event or access to new contradictory information would require for the analyst extra time to compute or compare the data in order to enable the Seller to deliver a high quality Products. 2.3 The mailing of the Product will occur only upon payment by the Buyer, in accordance with the conditions contained in article 3. 2.4 The mailing is operated through electronic means either by email via the sales department. If the Product’s electronic delivery format is defective, the Seller undertakes to replace it at no charge to the Buyer provided that it is informed of the defective formatting within 90 days from the date of the original download or receipt of the Product. 2.5 The person receiving the Products on behalf of the Buyer shall immediately verify the quality of the Products and their conformity to the order. Any claim for apparent defects or for non-conformity shall be sent in writing to the Seller within 8 days of receipt of the Products. For this purpose, the Buyer agrees to produce sufficient evidence of such defects. 2.6 No return of Products shall be accepted without prior information to the Seller, even in case of delayed delivery. Any Product returned to the Seller without providing prior information to the Seller as required under article 2.5 shall remain at the Buyer’s risk. 3. Price, invoicing and payment 3.1 Prices are given in the orders corresponding to each Product sold on a unit basis or corresponding to annual subscriptions. They are expressed to be inclusive of all taxes. The prices may be reevaluated from time to time. The effective price is deemed to be the one applicable at the time of the order. 3.2 Payments due by the Buyer shall be sent by cheque payable to Knowmade, PayPal or by electronic transfer to the following account: Banque populaire St Laurent du Var CAP 3000 - Quartier du lac- 06700 St Laurent du Var BIC or SWIFT code: CCBPFRPPNCE IBAN: : FR76 1560 7000 6360 6214 5695 126 To ensure the payments, the Seller reserves the right to request down payments from the Buyer. In this case, the need of down payments will be mentioned on the order. 3.3 Payment is due by the Buyer to the Seller within 30 days from invoice date, except in the case of a particular written agreement. If the Buyer fails to pay within this time and fails to contact the Seller, the latter shall be entitled to invoice interest in arrears based on the annual rate Refi of the «BCE» + 7 points, in accordance with article L. 441-6 of the French Commercial Code. Our publications (report, database, tool...) are delivered only after reception of the payment. 3.4 In the event of termination of the contract, or of misconduct, during the contract, the Seller will have the right to invoice at the stage in progress, and to take legal action for damages. 4. Liabilities 4.1 The Buyer or any other individual or legal person acting on its behalf, being a business user buying the Products for its business activities, shall be solely responsible for choosing the Products and for the use and interpretations he makes of the documents it purchases, of the results he obtains, and of the advice and acts it deduces thereof.

TERMS AND CONDITIONS OF SALES

4.2 The Seller shall only be liable for (i) direct and (ii) foreseeable pecuniary loss, caused by the Products or arising from a material breach of this agreement 4.3 In no event shall the Seller be liable for: a) damages of any kind, including without limitation, incidental or consequential damages (including, but not limited to, damages for loss of profits, business interruption and loss of programs or information) arising out of the use of or inability to use the Seller’s website or the Products, or any information provided on the website, or in the Products; b) any claim attributable to errors, omissions or other inaccuracies in the Product or interpretations thereof. 4.4 All the information contained in the Products has been obtained from sources believed to be reliable. The Seller does not warrant the accuracy, completeness adequacy or reliability of such information, which cannot be guaranteed to be free from errors. 4.5 All the Products that the Seller sells may, upon prior notice to the Buyer from time to time be modified by or substituted with similar Products meeting the needs of the Buyer. This modification shall not lead to the liability of the Seller, provided that the Seller ensures the substituted Product is similar to the Product initially ordered. 4.6 In the case where, after inspection, it is acknowledged that the Products contain defects, the Seller undertakes to replace the defective products as far as the supplies allow and without indemnities or compensation of any kind for labor costs, delays, loss caused or any other reason. The replacement is guaranteed for a maximum of two months starting from the delivery date. Any replacement is excluded for any event as set out in article 5 below. 4.7 The deadlines that the Seller is asked to state for the mailing of the Products are given for information only and are not guaranteed. If such deadlines are not met, it shall not lead to any damages or cancellation of the orders, except for non-acceptable delays exceeding [4] months from the stated deadline, without information from the Seller. In such case only, the Buyer shall be entitled to ask for a reimbursement of its first down payment to the exclusion of any further damages. 4.8 The Seller does not make any warranties, express or implied, including, without limitation, those of saleability and fitness for a particular purpose, with respect to the Products. Although the Seller shall take reasonable steps to screen Products for infection of viruses, worms, Trojan horses or other codes containing contaminating or destructive properties before making the Products available, the Seller cannot guarantee that any Product will be free from infection. 5. Force majeure The Seller shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of nature, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late deliveries by suppliers or other difficulties which are beyond the control, and not the fault of the Seller. 6. Protection of the Seller’s IPR 6.1 All the IPR attached to the Products are and remain the property of the Seller and are protected under French and international copyright law and conventions. 6.2 The Buyer agreed not to disclose, copy, reproduce, redistribute, resell or publish the Product, or any part of it to any other party other than employees of its company. The Buyer shall have the right to use the Products solely for its own internal information purposes. In particular, the Buyer shall therefore not use the Product for purposes such as: - Information storage and retrieval systems; - Recordings and re-transmittals over any network (including any local area network); - use in any timesharing, service bureau, bulletin board or similar arrangement or public display; - Posting any Product to any other online service (including bulletin boards or the Internet); - Licensing, leasing, selling, offering for sale or assigning the Product. 6.3 The Buyer shall be solely responsible towards the Seller of all infringements of this obligation, whether this infringement comes from its employees or any person to whom the Buyer has sent the Products and shall personally take care of any related proceedings, and the Buyer shall bear related financial consequences in their entirety. 6.4 The Buyer shall define within its company point of contact for the needs of the contract. This person will be the recipient of each new report in PDF format. This person shall also be responsible for respect of the copyrights and will guaranty that the Products are not disseminated out of the company. 7. Termination 7.1 If the Buyer cancels the order in whole or in part or postpones the date of mailing, the Buyer shall indemnify the Seller for the entire costs that have been incurred as at the date of notification by the Buyer of such delay or cancellation. This may also apply for any other direct or indirect consequential loss that may be borne by the Seller, following this decision. 7.2 In the event of breach by one Party under these conditions or the order, the non-breaching Party may send a notification to the other by recorded delivery letter upon which, after a period of thirty (30) days without solving the problem, the non-breaching Party shall be entitled to terminate all the pending orders, without being liable for any compensation. 8. Miscellaneous All the provisions of these Terms and Conditions are for the benefit of the Seller itself, but also for its licensors, employees and agents. Each of them is entitled to assert and enforce those provisions against the Buyer. Any notices under these Terms and Conditions shall be given in writing. They shall be effective upon receipt by the other Party. The Seller may, from time to time, update these Terms and Conditions and the Buyer, is deemed to have accepted the latest version of these terms and conditions, provided they have been communicated to him in due time. 9. Governing law and jurisdiction 9.1 Any dispute arising out or linked to these Terms and Conditions or to any contract (orders) entered into in application of these Terms and Conditions shall be settled by the French Commercial Courts of Grasse, which shall have exclusive jurisdiction upon such issues. 9.2 French law shall govern the relation between the Buyer and the Seller, in accordance with these Terms and Conditions.